Doctor of Jurisprudence Student Handbook and Catalog 2023-2024

Rev. Sept. 2022

Lincoln Memorial University is an Equal Opportunity and Affirmative Action educational institution. In support of its Mission Statement, LMU is committed to equal opportunity in recruitment, admission, and retention for all students and in recruitment, hiring, training, promotion, and retention for all employees. In furtherance of this commitment, Lincoln Memorial University prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, veteran status, military status, sexual orientation, marital parental status, gender, gender identity, gender expression, and genetic information in all University programs and activities. Lincoln Memorial University prohibits retaliation against any individual for 1) filing, or encouraging someone to file, a complaint of discrimination; 2) participating in an investigation of discrimination; or 3) opposing discrimination. “Retaliation” includes any adverse action or act of revenge against an individual for filing or encouraging someone to file a complaint of discrimination, participating in an investigation of discrimination, or opposing discrimination. The Office of Institutional Compliance investigates allegations of prohibited discrimination, harassment, and retaliation involving members of the LMU community.

LMU is committed to providing an environment free of all forms of discrimination, including gender or sex-based discrimination. All LMU employees are Mandatory Reporters; this means that if you inform any LMU employee of a situation that may involve sexual misconduct, including sexual harassment, sexual assault, stalking, domestic violence, dating violence, or any other form of prohibited gender or sex-based discrimination, the employee is required to report the information to the Title IX Coordinator. If you would like to speak with an individual who does not have this obligation, confidential counseling is available to students free of charge through the LMU Office of Mental Health Counseling. Law students desiring confidential counseling are encouraged to contact Hans M. Sherrod, LCSW, at hans.sherrod@lmunet.edu or (423) 869-6277, Main Counseling Office for immediate assistance, or schedule an appointment online at https://www.lmunet.edu/counseling/index.php

If you have experienced discrimination and would like file a report to the University, contact Hannah Olberding, MPA, Title IX Coordinator/Institutional Compliance Officer, by email at titleix@LMUnet.edu or hannah.olberding@lmunet.edu, or by phone at (423) 869-7009. Ms. Olberding has an office in Room 249 of the Law School. 

Help and support is available. LMU offers support to help individuals navigate campus life, access health and counseling services, and obtain academic and/or housing accommodations. For more information about resources available on and off campus, and to view the harassment, discrimination, and sexual misconduct policies, visit http://www.lmunet.edu/titleix.

The School of Law’s facility is a significant asset. Constructed in 1848, the building has served many purposes over the years. Properly cared for, it will continue to serve as a valuable resource and a source of pride for the LMU Law community.

The Law School curriculum shall have as to its objective to maintain an educational program that prepares its students for admission to the bar and effective and responsible participation in the legal profession. The curriculum is designed to prepare students to be effective attorneys by developing their abilities in critical thinking and problem-solving. The curriculum reflects a traditional legal education, while at the same time adopting the best practices for effective learning

The School of Law operates on a semester system and requires successful completion of ninety (90) credit hours for conferment of the J.D. degree. All requirements must be completed no earlier than twenty-four (24) months and no later than eighty-four (84) months after a student has commenced law study at the School of Law or an institution from which the School of Law has accepted transfer credit.

Students have the option of applying to participate in several dual or joint degree programs, which allow students to earn another graduate degree as they complete the requirements of the program of legal education. Approved programs available to students at the School of Law include the Master of Business Administration, Master of Science in Criminal Justice, and Master of Public Administration. More information regarding these programs is available on the law school website.

No student may enroll in more than sixteen (16) credit hours during any fall or spring semester without approval from the student’s academic advisor and the Associate Dean for Academic Affairs. Under no circumstances may any student be allowed to enroll in coursework that, if successfully completed, would exceed eighteen (18) credit hours during any fall or spring semester. No student may enroll in more than three (3) classes, not to exceed seven (7) credits, during a summer semester. The number of credits includes those attributed to courses in other programs of study, including dual degree programs, other degree programs at LMU, or courses at any other institution of higher learning. The Associate Dean for Academic Affairs may, in his or her discretion, make an exception to the restriction on summer credits if a student enrolls in a summer study program at or sponsored by another law school that does not conflict with the summer semester at the Duncan School of Law.

Graduation requirements for full-time and flex-time students are identical. The only distinction among cohorts is the time it takes to complete the program of legal education. Flex-time students take all courses with the full-time cohort, whenever those courses may be scheduled, day or evening. The flex-time option allows a student who needs to continue to work or who has personal obligations that preclude taking a full-time course load to take fewer courses each term.

Students admitted to the full-time cohort shall take the required courses in the order and sequence described within the student handbook. Students admitted to the flex-time cohort are recommended to take the required courses in the order and sequence described also within the student handbook. It is recommended that the elective course offerings set forth in each section also be followed; however, a student may delay the taking of elective courses, so long as all coursework is completed within eighty-four (84) months as set forth above.

Students admitted to the flex-time cohort shall, take, at a minimum, the required courses in the first year of study as set forth below. If outside commitments make it difficult for a flex-time student to follow the recommended course of study, then the student may consult with the Associate Dean of Academic Affairs to develop an individualized course schedule. That schedule must comply with the prerequisite limitations as set forth in this course catalog, and sequential courses (i.e., Torts I and II) shall be taken in consecutive semesters. It is strongly recommended that flex-time students complete their legal studies by the end of the spring semester of the sixth year of study. However, a flex-time student must complete all degree requirements within eighty-four (84) months of the commencement of legal studies, as set forth above.

Where a course is divided into multiple sections and students are assigned to a section by the Associate Dean for Academic Affairs, a request by a student to switch out of an assigned section into another section shall be made to the Associate Dean for Academic Affairs and granted or denied at his or her discretion. Typically, a request to switch sections will only be granted if the student has a verifiable and unavoidable scheduling conflict. Requests based upon faculty preferences will generally be denied.

The Associate Dean for Academic Affairs may cancel any scheduled course, even after enrollment by students, if fewer than ten (10) students are enrolled therein.

Requests for waiver of any School of Law rule, regulation, or policy shall be submitted in writing to the Dean who shall forward requests to the faculty committee having jurisdiction over the matter. The Dean may also forward a recommendation to the faculty. If none of the standing faculty committees has jurisdiction over the issue(s) raised, then the Dean, in his or her discretion, may grant or deny the waiver. The person requesting the waiver will be notified of the decision in writing. Under no circumstances may the Dean grant a waiver to the maximum credit hour allotment.

Consistent with its goal of training lawyers whose professional and personal conduct exemplifies high ethical standards and reflects well upon the Duncan School of Law (the “School of Law”) and the legal profession, the faculty has adopted the following Code of Academic Integrity (the “Code”). This Code, revised in 2020, is the result of experience with a previous Code, faculty input, and a study of Codes used by other schools of law. The Code constitutes a delegation of authority from the President of Lincoln Memorial University (the “University”) and the Dean of the School of Law to the Academic Integrity Committee (the “Committee”). As such, this Code is binding on all students, faculty, and staff of the School of Law.

Every law student is expected to read and observe the Code. Any proceedings brought pursuant to this Code shall be governed by the procedures set forth herein rather than the Disciplinary Procedures of the University. This Code governs academic-related misconduct. Any other instances of misconduct not specifically covered by this policy are to be addressed by the office of the Dean of Students. In case of uncertainty as to whether a charge of misconduct is academically related, falling under this Code of Academic Integrity, or non-academically related, falling under the jurisdiction of the Dean of Students, the Chair of the Academic Integrity Committee shall make the determination.

Consistent with its goal of training lawyers whose professional and personal conduct exemplifies high ethical standards and reflects well upon the Duncan School of Law (the "School of Law") and the legal profession, the faculty has adopted the following Code of Student Conduct (the “SCC”). This SCC, developed in 2020, is the result of experience with a previous Code, faculty input, and a study of student conduct codes used by other schools of law. The SCC constitutes a delegation of authority from the President of Lincoln Memorial University (the "University") and the Dean of the School of Law to the Student Conduct Committee (the "SC Committee"). As such, this SCC is binding on all students, faculty, and staff of the School of Law. Every law student is expected to read and observe the SCC. Any proceedings brought pursuant to this SCC shall be governed by the procedures set forth herein rather than the Disciplinary Procedures of the University.

The University complies with the provisions of the Family Education Rights and Privacy Act (FERPA). The full FERPA policy and forms are located on the University website under Academics < Registrar < FERPA (https://www.lmunet.edu/registrar/ferpa/index.php).

  1. To be ranked, a student must have:
    1. completed thirty (30) credit hours at the Duncan School of Law;
    2. successfully completed all first-year required courses; and
    3. been enrolled in at least one course in the ranking semester.
  2. The Associate Dean for Academic Affairs, or a designee, shall calculate Interim Class Ranks twice per calendar year—after all student grades for the fall semester have been entered and after all student grades for spring semester have been entered. Interim Class Ranks will not be reflected on a student’s official transcript.
  3.  For purposes of Interim Class Ranking, student ranking groups will be established based upon credit hours successfully completed. At the end of the fall and spring semesters, students shall be ranked within the following groups:
    1. Group I: 30-44 completed credit hours
    2. Group II: 45-66 completed credit hours
    3. Group III: 67-90+ completed credit hours
  4.  A student’s Graduation Class Rank, based upon the student’s official final cumulative grade point average, will be the only rank that appears on a student’s official transcript. The Graduation Class Rank will rank all students that have graduated since the Graduation Class Rank was last calculated. The Graduation Class Rank will be calculated on June 15 of each year and will reflect on each graduating student’s official transcript within a reasonable time thereafter.
  1. All School of Law exams shall be scheduled by the Associate Dean for Academic Affairs or his or her designee.
  2. A student may obtain a rescheduling of an examination only upon the prior, written, discretionary approval of the Associate Dean for Academic Affairs or his/her designee.
  3. Rescheduling an examination is an extraordinary event, and students should expect such requests to be denied in the absence of exceptional circumstances. 3) The date for the taking of any rescheduled examination shall be set by the Associate Dean for Academic Affairs or his/her designee.
  4. In considering requests for the rescheduling of an examination in the absence of course exam conflicts, the Associate Dean for Academic Affairs may require such documentation and impose such conditions as he or she deems proper. No individual faculty member at the School of Law may grant a rescheduling.
  5. Students must be seated and prepared to begin the exam a minimum of five (5) minutes prior to the scheduled start of the exam. If a student arrives prior to the administration of the exam but less than five (5) minutes prior to the scheduled start time, no additional testing time will be given for computer set-up. Students who are late for an exam must complete the exam by handwriting in a proctor-designated bluebook.
  6. Students may leave the exam room after the completion of their exam but may not exit the exam room during the last fifteen (15) minutes of the exam administration.
  7.  Students must show state-issued photo identification or their student identification card. A student who fails to show such identification may be excluded from the exam or have the exam score disregarded.
  8. Students must sign a receipt log upon the completion of the exam and must confirm to the proctor that their exam file has been uploaded, if ExamSoft is used.
  9. Other exam policies may be applicable to individual exams. Such policies will be made available to students prior to exams.

For information regarding Credits Earned Prior to Matriculating at the School of Law, please refer to the Admissions Policies and Procedures Manual.